The BC Supreme Court set aside the dismissal of a restaurant patron’s battery claim after finding that the trial judge misapplied the legal test for consent and self-defence. It ordered a new trial without deciding whether the restaurant was liable for its employee’s conduct.
Case card
Abousaeedi v Cactus Cafe Ltd., 2026 BCSC 1905 (CanLII)
Source reviewed · Court holding
Held. The BC Supreme Court set aside the dismissal of a restaurant patron’s battery claim after finding that the trial judge misapplied the legal test for consent and self-defence.
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